Can My Divorce Be Disputed After Signing The Divorce Paperwork?
October 14th, 2017 by admin
This article is by Delancey Street. Once a divorce becomes final, both parties could still have a chance to challenge specific decisions that were made by the court. This can be done whether it was through a settlement agreement or through the decision of the courts. Both parties may still appeal to change certain obligations or rights that were set out in the final divorce judgement paperwork.
One or both spouses may appeal the decision of a court judge to a higher court. However, it is not typical for appeals court to overturn any judge’s decision involving a divorce case. Regardless, the following information describes what the appeals process is. The main type of argument for an appeal is the written brief which is filed by the council for each party. The brief is a document which contains the legal argument and comes with supported evident to reference the case law and applicable statute. Within this brief, the spouse that was given the less favorable ruling during the trial court can argue that the court judge in the trial didn’t correctly apply the law when making the decision. Alternately, the opposing party may argue that the court’s decision was correct. The lawyers hired for each party may submit their briefs to the court judge and in turn might be granted an oral argument.
All appeals court decisions will usually turn on the “record”. This is a written version of what occurred during the trial court. The outcome of the appeal will typically depend on what happened at the trial. Newer evidence may not typically be introduced on an appeal. Once the appeals court has finalized their decision, the opportunity to make further appeals is very limited.
In addition, it should be remembered that settlement agreements typically may not be appealed if each spouse had already agreed to the terms within the settlement. So, if both you and your former spouse had reached a settlement agreement on issues such as child support payments and property division, that settlement agreement will be approved and then finalized by the court judge. In most cases, you will be stuck with the original agreement that was settled upon.
Motions To Modify The Divorce Judgement
Appealing your divorce directly involves challenging the decision of the trial court in front of a higher court. You may also try and ask the trial court themselves to change certain parts of the divorce after it had been entered. Changes may include visitation schedules, child support, custody arrangements and alimony support. Within a family, such requests will typically be made for filing a “motion to modify” the judgment or divorce decree. This motion is typically filed with the same court as where the divorce was originally filed and where the issue of the divorce judgment was filed as well.
As an example, if primary physical custody of the kids was ordered to your former spouse in the divorce decree and you later learn that they had been arrested for selling illegal drugs, you are fully in your right to petition the court to modify custody based on these new facts. In a similar way, if the original divorce judgment had you pay $2,000 in child support but you got laid off from your job, you may be able to file a motion with the court to temporarily modify the child and spousal support schedules.
Get Help From An Experienced Attorney When Disputing A Divorce Settlement
The ability to successfully file an appeal with the courts will need you to follow specific deadlines and requirements. Getting the help from a skilled divorce attorney that works in your state will be able to put you in a position to handle these matters appropriately. They can also offer you important advice on how you should proceed with your divorce. Contact a lawyer today to start the appeals process and get what you rightfully deserve from your divorce. Time is of the essence.